- 11 U.S.C.
Morris, In re
Sep
14
2018
Ruling
Confirmation of chapter 12 plan denied where debtor has history of being unable to make timely payments and the amounts provided to the court did not show that debtor has reasonable chance of successfully carrying out his duties and obligations under the plan. (Bankr. N.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions; Debtor's Ability to Comply With Plan.
ABI Membership is required to access the full summary of Morris, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Quackenbush, In re--Quackenbush v. United States Dep't of Educ.
Aug
24
2018
Ruling
Debtor was not entitled to have her student loan discharged as she failed to produce anyevidence to show that she cannot secure at least part-time employment in any profession andthat she has made a good faith effort to repay her student loans. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
ABI Membership is required to access the full summary of Quackenbush, In re--Quackenbush v. United States Dep't of Educ. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Quackenbush, In re--Quackenbush v. United States Dep't of Educ.
Aug
24
2018
Ruling
Debtor was not entitled to have her student loan discharged as she failed to produce anyevidence to show that she cannot secure at least part-time employment in any profession andthat she has made a good faith effort to repay her student loans. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
ABI Membership is required to access the full summary of Quackenbush, In re--Quackenbush v. United States Dep't of Educ. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rucker, In re
Jul
03
2018
Ruling
Court set the replacement value of the manufactured home and accepted creditor's valuation but reduced the amount to account for certain faults. (Bankr. S.D. Miss.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.
ABI Membership is required to access the full summary of Rucker, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Alabama, In re--Mississippi Farm, Inc.--Reach Inc. v. Smith
May
14
2018
Ruling
Trustee granted judgment on partial findings as creditor was not entitled to injunctive reliefwhere the auction and sale of the property had concluded and the order approving the motionfor confirmation of sale was final and non-appealable. (Bankr. S.D. Miss.)
Issue(s)
Time for Filing Notice of Appeal.
ABI Membership is required to access the full summary of Alabama, In re--Mississippi Farm, Inc.--Reach Inc. v. Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.
Oct
17
2017
Ruling
Trustee may avoid quitclaim deed as the deed was not recorded before the debtor declaredbankruptcy. (Bankr. S.D. Miss.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
ABI Membership is required to access the full summary of Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Pioneer Health Servs., In re
Apr
04
2017
Ruling
Motion to approve critical vendor payments to affected physicians denied where court found no significant offsetting bankruptcy-related justification for classifying the physicians as critical vendors. (Bankr. S.D. Miss.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.
ABI Membership is required to access the full summary of Pioneer Health Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cross Point Church v. Andrews (In re Andrews)
Oct
20
2016
Ruling
Judgment against pastor for embezzlement and conversion of church funds wasnondischargeable. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
ABI Membership is required to access the full summary of Cross Point Church v. Andrews (In re Andrews) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nickelson v. Franklin Check Serv. LLC (In re Nickelson)
Jun
15
2016
Ruling
Debtor awarded damages as well as fees and expenses incurred in successful fraudulent transfer proceeding.
Issue(s)
Could debtor be granted an award of fees incurred in a successful fraudulent transfer proceeding?
ABI Membership is required to access the full summary of Nickelson v. Franklin Check Serv. LLC (In re Nickelson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Boykin v. Miss. Dept of Revenue (In re Boykin)
May
06
2016
Ruling
State tax debt was nondischargeable to the extent the state department of revenue met its burden of proof.
Issue(s)
Was state tax debt for years 2007 through 2012 nondischargeable?
ABI Membership is required to access the full summary of Boykin v. Miss. Dept of Revenue (In re Boykin) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: